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Section 102: Protection of action taken in good faith

The Industrial Relations Code, 2020 (Act No. 35 of 2020) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter XIV: Miscellaneous
Competent Labour Forum
Act No. 35 of 2020
Section 101 All 104 Sections of Industrial Relations Code, 2020 Section 103

Legal Commentary & Landmark Judgments: Section 102

Section 102 of the Industrial Relations Code, 2020 effectuates consequential statutory amendments to the Eighth Schedule of the Finance Act, 2017 (Act 7 of 2017), substituting references to the Industrial Disputes Act, 1947 with the Industrial Relations Code, 2020 and aligning Tribunal qualifications, appointments, and terms of service.

  • Consequential Statutory Harmonization: Formally amends the Eighth Schedule to the Finance Act, 2017, substituting references to the Industrial Tribunal constituted under the Industrial Disputes Act, 1947 with references to the Industrial Tribunal constituted under Section 44 of the Industrial Relations Code, 2020.
  • Tribunal Governance and Judicial Independence Alignment: Harmonizes qualifications, appointment procedures, terms of office, salaries, allowances, resignation, and removal of Presiding Officers and Members of Industrial Tribunals with the overarching national tribunal governance framework under the Finance Act, 2017.
  • Institutional Continuity Across Statutory Reforms: Prevents statutory lacunae or jurisdictional conflicts between general national tribunal reform legislation and the specialized labor tribunal hierarchy established under Chapter VII of this Code.
Key Landmark Precedents:
  • Rojer Mathew v. South Indian Bank Ltd. (2020) 6 SCC 1: The 5-Judge Constitution Bench examined the validity of Part XIV of the Finance Act, 2017 and tribunal rules, holding that judicial appointments to tribunals must maintain judicial independence, merit, and separation of powers.
  • Madras Bar Association v. Union of India (2021) 7 SCC 369: The Supreme Court reiterated that appointments, tenure, and conditions of service of tribunal members must adhere strictly to constitutional standards of independence from executive interference.
  • Union of India v. R. Gandhi (2010) 11 SCC 1: Landmark Constitution Bench decision establishing that specialized tribunals exercising judicial powers must possess the same independence and competence as the regular judiciary they replace.
Courtroom Practice & Strategic Litigation Guidance:

When challenging the constitution or tenure of an Industrial Tribunal bench, cross-reference Section 44 and Section 102 of the Code with the Tribunal Reforms statutory framework and Supreme Court directives in *Madras Bar Association*. Verify that appointments conform strictly to Search-cum-Selection Committee mandates to ensure that tribunal adjudications are not vulnerable to jurisdictional nullification.

Section 101 All 104 Sections of Industrial Relations Code, 2020 Section 103